By Chris Ojow
Through his Officer of the Court, Evans Ondieki
in the application filed before the Chief
Magistrate Court at Milimani law Court Nairobi
County Kenya, former Cabinet Secretary Rashid
Mohammed Echesa is seeking the lower
criminal Court to issue orders granting him
back his confiscated gun, vehicle and unfreeze
his accounts.
The application filed at Milimani law Court a
week ago seeks the trial court to ignore the
State Prosecution objection on demands of the
items listed and deliver a ruling favoring the
applicant Rashid Echesa in line with the
Constitution Article 27 and 29 the rights of the
accaused.
The defence in their short application informed
the Court that the said luxury, a motor vehicle
make Range Rover, which was impounded four
months ago is not an exhibit in the ongoing
case number 271 of 2020 at Nairobi Milimani
law Court.
Rashid in his brief application also informed the
trial court that he has gone through challenges
since his bank accounts were frozen, rendering
him unresponsible head of family, since he
cannot further provide the basic nessesities for
his suffering family.
The applicant through his lawyer also urged the
Court to issue orders for the release of his
firearm, because by virtue of being a politician
and the Country former Cabinet Secretary in an
influential docket, his life is at a risk, the
applicant further informed the court that his a
registered private firearm holder and his firearm
certificate is valid.
The applicant who was charged in early
February together with his co accused with
various counts on allegations of being involved
in 39 billions arms scandal, where his range
rover at the centre of dispute was confiscated,
reminded the trial court that he’s a law abiding
Citizen and whenever needed, he’s ready to
avail himself before the trial court.
On their brief response to the application
submitted before the lower criminal court at
Milimani Nairobi on Wednesday 27th of May
2020 at 2.16 pm East Africa Time.
The State prosecution urged the trial court to
dismiss the applicant application in totality,
further stressing that the items prayed for the
release in the filed application are exhibit in the
ongoing case with a lot of public interest.
The State prosecution in their response
reminded the court that the Director of Criminal
Investigations established that the vehicle at
the centre of dispute was not registered under
the applicant name, further creating more
confusion which needs the supplier to record
more statements regarding the ownership.
And on the issue of the gun, the State on their
response informed the court that the Detectives
are working in shifts at the firearm licensing
department, hindering the State from receiving
the licensing report on time, due to the
ongoing coronavirus pandemic.
The State also in their brief response in black
and white informed the court that, the account
which the first accused in case number 271 of
2020 is insisting to be unfreezed is a subject of
the ongoing investigations since the said
account is also an exhibit in the ongoing
criminal case where the applicant together with
other accused were charged.
The trial court through Senior Principal
Magistrate Kennedy Cheruyiot will deliver a
ruling at noon East Africa Time on Friday 29th
May the year 2020.
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